Quiz 3 Flashcards

1
Q

Who wrote letters from the fed farmer?

A

Richard Henry Lee

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2
Q

Was Richard Henry Lee a federalist or anti-federalist?

A

Anti-fed

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3
Q

What document set up a lot of anti-fed objections to the Constitution? Who wrote it?

A

Letters from the Fed farmer, Richard Henry Lee

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4
Q

What did Richard Henry Lee want from gvmt?

A

Protection of property, equal rights in protection, and stable law execution

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5
Q

Did Richard Henry Lee want no central gvmt?

A

No, he said some was necessary

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6
Q

Did Richard Henry Lee think we should choose whether to adopt the Constitution now?

A

No, he said we should wait

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7
Q

Who would have originally had power to levy taxes and regulate trade if other group had given up power? Who was the other group?

A

Congress, states didn’t want to give up power

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8
Q

Did Richard Henry Lee say we could consolidate the gvmt and still main free principles?

A

No

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9
Q

What did Richard Henry Lee say the Constitution needed to express?

A

Certain unalienable rights

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10
Q

What did Richard Henry Lee say about homogenous populations?

A

Good

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11
Q

Why did Richard Henry Lee say we should have government?

A

To create confidence in and respect for the law

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12
Q

What did the Feds want from government? How would this affect everyone else?

A

Secure property for elites, good for everyone

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13
Q

What kind of economy did the federalists want? What about the anti-federalists want?

A

A commercial republic, agricultural republic

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14
Q

What level of gvmt did Anti-Feds want most of the power to be at? Why?

A

State gvmt to act as the community would

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15
Q

Why did Anti-Feds prefer state gvmts?

A

Familiarity, people only care about the people they’re close to so gvmt should take care of local people

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16
Q

Did Anti-feds trust a distant gvmt? Why or why not? What would happen if ther were a distant gvmt?

A

No, it wouldn’t secure the confidence of the people so the gvmt would need to use force.

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17
Q

What did Richard Henry Lee say think would happen if we had 1 gvmt for the US? Why did he feel this way?

A

So extensive and various a territory as the US “cannot be governed in freedom” except in a confederation of states

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18
Q

What kind of representative do feds want? What does this look like?

A

Trustee rep, act in people’s best interest

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19
Q

What kind of representative do anti-feds want? What does this look like?

A

Delegate, do what people want

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20
Q

What did anti-feds want districts, term limits, and # of reps to look like?

A

Small districts, short term limits, tons of reps

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21
Q

Where would anti-fed reps have met? Why?

What about fed reps?

A

State capitol, state capitols meant reps would always be close to their communities and share the same interests

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22
Q

Did feds want distance between people? Why or why not?

A

Yes, they thought it was necessary to provide for people’s needs, not wants

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23
Q

What did Brutus fear, in regards to the gvmt and judiciary?

A

Gvmt having large territory and independent judiciary

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24
Q

Did Brutus say we should unite all the states?

A

No

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25
What document is this from? "Congress shall have every power necessary to make all laws that will be necessary to govern the US or any department"
The Constitution
26
Is there any way to override laws given by the general legislation?
No
27
Did Brutus think the central government was adequate as is?
Yes
28
What was Brutus' concern about state legislation with the Constitution?
It could be overridden
29
Is Brutus a strong supporter of the states being united? Why or why not?
No, because the principles of gvmt may not be practicable in such a big area
30
What did Brutus say about democracy being able to succeed?
It can only work if a group can conveniently assemble
31
What did Brutus say about having 1 or few rulers?
It was an arbitrary rule
32
Did federalists believe it was necessary for reps to be like the people they were representing?
No
33
Did federalists advocate for bigger or smaller groups of reps? Why?
Smaller, need them to make decisions and have longer terms to judge results
34
Did anti-feds want more or less reps? Why (EDIT: Not added)?
More
35
Do federalists assume people will act in self-interest?
Yes
36
Why do anti-federalists say government exists?
to cultivate virtue and improve the people it governms
37
What was one criticism the anti-federalists had for the federalists' end goals of government?
They didn't spend enough time cultivating virtue
38
What was the Yeoman farmer?
A model for how anti-federalists should be: Small farmers who work their own land, independent, hardworking
39
Did anti-federalists want a diverse or homogenous population?
homogenous
40
Are anti-federalists Lockean?
No, Locke advocated for self-direction and anti-federalists wanted a gvmt that would cultivate virtue
41
Why were anti-federalists against a commercial republic?
It discouraged virtue and harmony
42
Why could a commercial republic be bad?
It promotes distinction/conflict
43
Were anti-federalists capitalists or anti-capitalists?
anti-capitalists
44
Were the federalists inclusive as to who would rule?
No, they were very elitist
45
Did federalists rule to people's wants or needs?
Needs
46
Did anti-federalsits rule to people's wants or needs?
Wants
47
Why would people turn to populism?
They would feel disconnected from their representatives in a distant capitol and wouldn't listen to them
48
What is the distinction between seperation of powers and checks and balances?
Checks and balances preserve the seperation of powers
49
What does the executive branch of government do?
Executes law, maintains security and order to make sure the law can be passed
49
What is bicameralism?
2 branches, one for deliberation, one for representation
50
What does the HoR do? How is it elected?
It represents people's wants immediately, direct popular vote
51
What does the Senate do? How is it elected?
It deliberates, elected by state legislature
52
What did Alexander Hamilton say about good government? When?
"Energy in the executive is the leading character in the definition of good government", federalist paper #7
53
What document is this quote from? "Ambition must be made to counteract ambition. The interest off the man must be connected with the constitutional rights of the place."
Federalist paper 51
54
Who wrote Federalist paper #48?
James Madison
55
What did Madison say about the blending of the legislative, executive, and judicial branches of government? Where?
It'd threaten liberty, federalist paper 48
56
Was James Madison a federalist or anti-federalist?
Federalist
57
Did Madison say the executive was a threat? Where?
Yes, fed paper 48
58
Did Madison say a Representative republic was sufficient to handle the US? Where?
No, fed paper 48
59
Does Thomas Jefferson support intermixing of gvmt branches? Where does he say this?
No, fed paper 48
60
Who wrote Fed paper 51?
James Madison
61
What did James Madison discuss in Fed paper 51? Why?
Checks and balances, bicameralism to prevent power that was too concentrated
62
Who wrote Fed paper 39?
James Madison
63
Did James Madison believe the general form of gvmt should be strictly republican? Where does he say this?
Yes, fed paper 39
64
Where does the power come from in a republic? Where does it say this?
From the people, fed paper 39
65
What are the rules or term limits in a republic? Where does it say this?
Limited or unlimited on good behavior, fed paper 39
66
Who should rule in a republic? Where does it say this?
Body of people, not a certain class. Fed paper 39
67
Who should appoint the people in a republic? How? Where does it say this?
The people, in/directly. Fed paper 39
68
How is the HoR elected?
By the people
68
Do anti-feds want a confederation or consolidation of states? Where does it say this?
Confederation, fed paper 39
69
How do people ratify the states?
Through their representatives
70
What do the federal government's powers operate on?
The states
71
What do the national government's powers operate on? Are these powers limited? Where does it say this?
The citizens, yes, fed paper 39
72
Did James Madison think the central government should have total juristiction? Where does it say this?
No, fed paper 39
73
Was the Constitution a federal or national gvmt? Where does it say this?
Both, fed paper 39
74
Does each branch of gvmt need autonomy for the separation of powers to work? Where does it say this?
Yes, fed paper 51
75
Where did the AoC derive its power from?
The states
76
Were national powers limited or unlimited in their extent?
Limited
77
Can the national government force state governments to do everything?
No, unless they're things in national government's power
78
What is the real test of the Constitition?
Whether it can carry out powers
79
How did James Madison believe we should handle abuses of power from the AoC? Where does he say this?
Structure the gvmt to prevent abuses, fed paper 51
80
Does Brutus think the central government is complete?
Yes
81
What was the main question asked in McColluch v Maryland?
Does Congress have the power to create a bank with implied powers?
82
What do the national government's powers operate on?
The citizens
83
What was the power first exercised by Congress originally elected under? Where does it say this?
The present constitution, McColluch v Maryland
84
Was establishing a bank/corporation expressly granted in the Constitution? Where does it say this?
No, but it's implied. McColluch v. Maryland
85
Are implied powers addressed in the Constitution? Where does it say this?
No, McColluch vs Maryland
86
Who has supreme authority over the US?
The Union
87
Have implied powers been used before? How? Where does it say this?
Yes, to create rights, laws, etc. McColluch vs Maryland
88
What is the main idea of Letters from the Fed Farmer?
Problems with current gvmt, objections to the constitution, we need to wait, causes of issues
89
What is the main idea of the essays of Brutus? Where did these objections come from?
Call to action, asking whether freedom can exist with republic, questioning unifying the states, and indepedent judiciary. he was an anti-fed
90
What are the main ideas of Fed 48?
Importance of seperation of powers
91
What are the main ideas of fed 51?
Importance of checks and balances and bicameralism
92
What are the main ideas of fed 39?
What should our new gvmt look like?
93
Who defended the national government's powers? What did this look like?
Chief Jusice John marshall, found national government had powers state gvmt didn't
94
What was the main idea of Fed paper 23?
The governnment should have limitless power to defend the common good
95
Who wrote fed paper 23?
Alexander Hamilton
96
Did John Marshall believe in implied powers?
Yes
97
Why did McColluch v Maryland happen?
Maryland taxes national bank, cashier refuses to pay tax.
98
(ADD TO NOTES) Did John Marshall find the bank constitutional? How?
Yes, in its "necessary and proper" clause
99
(ADD TO NOTES) What is the "necessary and proper" clause?
Congress shall have all power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers
100
(ADD TO NOTES) How do we know how Mccolluch v Maryland will rule?
It depnds on whether the goals of the bank are constitutional
101
(ADD TO NOTES) Was the national bank ruled Constitutional?
Yes
102
(ADD TO NOTES) Could you tax the national bank?
No
103
(ADD TO NOTES) When was the national gvmt being supreme nationally accepted?
After the Civil War
104
(ADD TO NOTES) Why did the southern states break off from the union?
They said they'd only consented to a voluntary treaty between the states, and could leave whenever they chose
105
(ADD TO NOTES) Did the southern states believe in a tie between the people and the national government?
No
106
(ADD TO NOTES) If the Southern states thought there was a tie between people and national government, what would dissolution have looked like?
Only the people as a whole could have dissolved the gvmt
107
Why do general governments need restraint?
Authority given to gen gvmt is as complete as any state gvmt (controls life, liberty, and property) so the same reason that state gvmts need some restraint still applies (EG rights in cases of trials to protect right to security of life)
108
Did Federalists want there to be an option for a standing army?
Yes
109
Where are the powers BoR guards against abuse of contained/implied?
general powers granted by constitution